Spear Post in Beverly hit with 3-day suspension

Wednesday

Jul 18, 2012 at 12:01 AMJul 18, 2012 at 6:20 PM

The Beverly Licensing Board has issued a 3-day suspension to the Herman A. Spear American Legion Post on Judson Street after an incident on June 1 during a battle of the bands event that put a 28-year-old man into an induced coma.

Suzanne Snell / Wicked Local Beverly

The Beverly Licensing Board has issued a 3-day suspension to the Herman A. Spear American Legion Post on Judson Street after an incident on June 1 during a battle of the bands event that put a 28-year-old man into an induced coma.

The man was punched in the face outside of the Spear Post and hit his head on the pavement. He was MedFlighted to a Boston hospital.

The bar was shut down at 10:30 p.m. and the physical altercation outside the club occurred around 11 p.m.

Manager Scott Perry said a member of the Post, who runs a production company, had rented out the hall that night for an 18 and over “battle of the bands” event.

During a hearing last Thursday, July 12, Beverly Licensing Board Chair Dick Kelley said he was concern Perry does not “understand the rules and regulations of the establishment’s liquor license.”

“You do know that [an event like this] is not consistent with your license,” Kelley said. “According to your license, the establishment is members only and their guests.”

Perry, asking for clarification on the definition of what an event is at the Post, said events have been going on at the club for years to bring in revenue.

“We have anniversary and birthday parties and political events,” said Perry. “Everyone that comes up to the bar gets their ID checked.”

Kelley said the Post is a private club and having events open to the public is not following the regulations of their license.

“If we were made aware of these events before, we probably would have had you come before the board because it really is an enlargement of the activities that should be happening at this place,” Kelley said.

Beverly Police Sgt. William Page explained that a security guard was provided by the production company, Filth First Productions, and was stationed outside the venue checking IDs. There was also a cover charge at the door.

“Those over 21 were given wristbands,” said Page, explaining that the wristbands indicated the person was able to purchase alcoholic beverages.

Page said after looking over the report of the incident it seemed there were several violations including underage drinking.

“An officer did find a person under 21 with a wristband, and they took it away from him, but they let him stay,” Page said.

Resident of Judson Street Jeff Gentry spoke on behalf of other residents that live near the Post and offered his view of what occurred the night of the incident.

“We are immediate neighbors, and I was one of several neighbors that called the police that night,” Gentry said. “It is not uncommon for loud noise to come from the Post.”

Gentry explained two of his four children sleep in a room that overlooks to the main entrance of the Post. “I heard someone yell ‘gun’ and I called 911,” Gentry recalled to the Board.

He also said one of his neighbors was walking outside when the altercation broke out and was pushed.

Ward 2 City Councilor Wes Slate said he was contacted by many of his constituents in the area about the incident.

“Until this incident I was never aware of any serious incidents and had not been contacted by any residents prior to that, however, I do not want to diminish what happened that night,” Slate said.

He added that he thinks there are some misunderstandings of what Perry’s obligations are as a manager.

The Board deemed the incident serious enough to warrant a punishment of revoking the establishment’s license for 3 days of their choice to be completed by the end of September.

Kelley said Perry does have the opportunity to appeal the decision to the Alcoholic Beverages Control Commission (ABCC).